Policeman Resigns

Street Beating Was Videotaped

VIRGINIA BEACH — A police officer resigned rather than be fired amid allegations that he and other officers beat a man who led police on a car chase after injuring another officer, authorities said.

Acting Police Chief Alfred M. "Jake" Jacocks said he was prepared to fire Officer Charles W. Rosen after watching a videotape of the events that transpired after the chase ended in Norfolk the night of Oct. 5.

Rosen, who had been on the Beach force for six years, submitted his resignation at 10:30 a.m. Monday, Jacocks said.

Rosen could face criminal charges, Jacocks said.

Norfolk Police Chief Melvin C. High said he also is conducting an internal investigation after viewing the videotape, which was made by state police who joined the pursuit with Norfolk and Virginia Beach officers.

"I will not tolerate such behavior by our police officers. I was appalled by the actions of this police officer in this matter," Jacocks said Monday.

Victor R. Moultrie, 24, said police officers from Norfolk and the Beach beat him with batons, stomped him with their feet and then let a police dog bite him while he was handcuffed and on the ground.

The incident began about 8:30 p.m. Oct. 5, when Virginia Beach Officers Dan Fiore and Clay Acosta, both with the Third Precinct, stopped Moultrie for a traffic infraction at Newtown Road and Lynnbrook Landing. The officers had seen him drive recklessly out of a parking lot, police said.

Fiore approached the car and asked Moultrie for his driver's license. Police said they later learned that Moultrie, who was driving with a suspended license, had given them a phony license and had no registration for the car.

Fiore asked Moultrie to turn off the engine, police said. When Moultrie did not comply, Fiore reached in through the window to try to turn off the car. At that point, Moultrie began to accelerate, police said.

Fiore's arm was caught inside as Moultrie sped away. Fiore was dragged a few feet before his arm slipped out, police said.

Acosta called for help and then began pursuing the vehicle. Fiore was left at the scene until an ambulance arrived and took him to Sentara Bayside Hospital, according to police spokesman Don Rimer. He was treated and released.

State police joined in the chase, followed by Norfolk police when Moultrie crossed into that city. The chase ended in Norfolk at Tidewater Drive and Winshire Street, where Moultrie's car crashed.

In an interview Monday from the Norfolk jail, where he is being held on several charges, Moultrie admits he led police on a chase, but says he drove away because he was afraid of what police might do to him.

He said that when his car crashed, he put his arms out the window to surrender.

He said officers surrounded the car, pointed guns at him and sprayed him with a chemical. One officer struck him in the face with a baton, he said.

The officers continued striking him as they pulled him out the car, Moultrie said. He said he tried to tell the officers that his leg was stuck behind the steering wheel.

They shoved him to the ground, pushed his head into the pavement and struck him with batons and their feet, he said.

"One officer kicked me three times in the head. Another one left a shoe imprint on my face," Moultrie said.

Moultrie said officers handcuffed him while he was on the ground, and then a Norfolk officer came up to him with a police dog.

"They told the dog to bite me. He bit my left arm and they were laughing," Moultrie said. The officer then brought the dog around to the other side and let it bite his right arm, he said.

State police officials, who are conducting a criminal investigation, have declined to release the videotape.

Jacocks said he learned of the incident when state police called him the morning of Oct. 7 and told him he should look at the videotape. Jacocks said that after watching the tape, he immediately suspended Rosen without pay and ordered him to turn in his badge and gun.

Jacocks said the tape showed evidence of Rosen using "unreasonable force," but he would not elaborate.

"If I had had the legal authority to fire him on the spot, when I saw the evidence, I would have done so," Jacocks said. Instead, he had to wait five days, as required by law.

The Norfolk Police Department announced that it also has evidence of misconduct when the police pursuit ended.

Meanwhile, Moultrie faces numerous traffic charges, as well as charges of forging public records, eluding police, assault on a police officer and escaping from custody.